Tuesday, February 23, 2010

Social commentators urged to be guided by section 208 of Criminal Act

Page 30: Daily Graphic, February 24, 2010.
Story: Albert K. Salia
THE Police Administration has asked the general public, particularly those who use public platforms to comment on national issues, to be guided by the existence of Section 208 of the Criminal Offences Act.
It said mindful of the existence of such a law, it was wrong for Ghanaians, who collectively enacted it, to launch unwarranted and unguarded attacks on the police whose mandate was only to ensure that the law was adhered to.
Reacting to public criticisms of the involvement of the police in the arrest and trial of a radio panellist in Accra, Deputy Superintendent of Police (DSP) Samuel Kwesi Ofori, the Director of Police Public Affairs, said comments by a section of the public in the aftermath of the event left much to be desired.
The panellist, Nana Darkwa Baafi, was arrested as a result of a comment he allegedly made to the effect that the burning of the residence of former President J. J. Rawlings was done by the former President himself.
DSP Ofori wondered what would have happened if the police had not responded to the calls, saying it would have resulted in the lynching of the suspect and the destruction of property on the premises of the radio station.
He explained that in line with their mandate to provide security and ensure law and order, policemen were detailed to the premises of Top Radio to restore calm upon hearing that people were massing up there.
He said that led to the arrest of the suspect, who was processed and charged with the offence of “Publication of false news with intent to cause fear and alarm to the public” under Section 208 of the Criminal Offences Act.
DSP Ofori said the suspect was subsequently put before court and, in the wisdom of the court, it remanded him to re-appear on March 3, 2010.
“It is, therefore, unfortunate the way some politicians, social commentators, journalists and panellists on radio programmes are making all sorts of unsavoury comments about the police,” he said.
He entreated the public to appreciate the due processes involved, especially when someone had been taken to the court, and urged it to accept that as part of the due process of the law and not subject the police to condemnation.
He explained that the suspect had not been overly detained but was arraigned before a court of competent jurisdiction.
DSP Ofori said the court, in its wisdom, decided to remand the suspect, a process which everyone must appreciate.
He said since the matter was before court, it was important that those who preached democracy and the rule of law allowed the law to be tested in court and not try to circumvent the institutions established for that purpose.
“Forcing the police to take it out of court is inappropriate. The court should decide whether the charges are appropriate,” he stated.
According to him, contemporary policing thrived on law and made it clear that the Ghana Police Service was in tune with the democratic aspirations of the country and its people.
He said the police would, therefore, not kow-tow to political interests or be an appendage of any political party but would remain professional in the discharge of their work.
He gave the assurance that the police would not renege on their responsibility but continue to perform their constitutionally mandated duty without fear or favour.
DSP Ofori noted that if media organisations, particularly the electronic media, did not manage their phone-in programmes and discussion segments, “it will be the media who will be a threat to democracy and not the police”.

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